Standing Up for Workers Subjected to Horrific Conditions Without Pay

Miguel Garcia (seated, center) surrounded by his family and holding his son, who was just three days old when Miguel left home for the Napa Valley in search of a better life for his family.

Twenty-year-old Miguel Garcia wanted a better life for himself and his family. Frustrated with the limited opportunities available to him in his hometown of Brownsville, Texas, he acted on a tip from a friend and left his wife and 3-day-old baby to work in a Napa Valley vineyard. He planned to work there all summer and return home with good money, better prepared for the future.

Shocking conditions

What awaited him in Napa Valley was an eye-opener. Out in the fields, workers were putting in 70 hours a week in 100-plus-degree temperatures and were routinely denied water, according to Garcia. But it got even worse: His employer, Porras End Post, didn’t pay its employees, claiming that providing meals and housing were sufficient. But these meals were sometimes just a plate of beans, or worse, the remnants from the meals of their supervisors. The housing conditions were equally deplorable: Up to 10 people were sleeping on the floor of a rat-infested house that had no heat, plumbing, windows or ventilation.

After months of working and living in such intolerable conditions without pay, Miguel returned home to Texas where he contacted the Labor Department’s Wage and Hour Division to complain about his employer. He still yearned for a better life for his family and wanted to apply to the Allied Center for Migrant Farmworkers to train to become a welder. But he needed employment verification from Porras End Post as part of his application. He had made many attempts to get work and wage verification from the farm labor contractor but to no avail.

The investigation

The Wage and Hour Division launched an investigation, and as soon as vineyard owner Steve Ledson heard how the contractor he had hired was mistreating his workers, he was furious.

“Not on my watch − that is not how it works,” he said. He called his bank at 4 p.m. on a Friday to ensure the workers were paid before the weekend.

The workers’ plight struck a chord with Ledson, whose ancestors had come to the U.S. in search of new opportunities. His family has a deep history in agriculture, and he grew up appreciating the teamwork and collaboration needed between owners and workers to keep a farm running smoothly.

“I remember my mom cooking all day in the house, and she would feed everyone, especially the farmworkers,” he recalled. “Farmworkers are the foundation of our country.”

The nonprofit organization Puertas Abiertas (“Open Doors”) helped find safe housing for the workers, and their involvement led the city of Napa to investigate. The code enforcement officer for Napa also felt a personal connection to the story – he, too, had come to this country in pursuit of a better life, from Guatemala. He was shocked by what he found, and declared the structure uninhabitable.

The Wage and Hour Division investigator on this case also shared an attachment to the situation, as his family is also from Brownsville. Those who came together to help Miguel felt an intense connection to his story. His story was their story, and is just one example of why we are all committed to standing up for workers’ rights.

The division determined that 31 workers were due a collective $19,000 in back wages. Not only had the workers not been paid, but they had been charged rent against their wages for the detestable accommodations they had been told were free. We plan to assess a civil penalty against Porras for the violations in addition to requiring the employer to provide the unpaid wages.

Miguel received $1,400 and the proof of employment he needed to pursue his dream. He was able to enroll in his welding training program, and thanks to the back pay, his wife was able to enroll in nursing school.

“No one should have to endure the pain that I went through,” Garcia said. His message to others walking in the same shoes: “Please speak up and seek help. The law does protect you.”

Editor's note: If you are concerned about your company’s pay practices, or you are an employer who wants to be sure you are complying with the law, learn more on the Wage and Hour Division’s website or by calling 1-866-4-US-WAGE (1-866-487-9243). You also can check to see if back wages are being held for you as the result of an investigation using the online tool, Workers Owed Wages.

The “DOL Working for You” series highlights the Labor Department’s programs in action. View other blog posts in the series.

Priscilla Garcia-Ocampo is director of public relations for the department’s Wage and Hour Division in the West. Susana Blanco is the San Francisco district director for the Wage and Hour Division.